Keith Mack
Legal and government experts have raised questions about whether Trump is breaking federal laws. From trying to shut down USAID to letting Elon Musk access Treasury's payment system, here are the laws experts say Trump may be breaking.
| Characteristics | Values |
|---|---|
| Shutting down USAID | Trump and Musk signalled plans to place it under State Department control |
| Ending birthright citizenship | A federal judge said this was "blatantly unconstitutional" |
| Firing fraud-finding inspectors general | Done without providing notice or rationale to Congress |
| OPM's buyout | May violate the Anti-Deficiency Act and the Administrative Leave Act |
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What You'll Learn
Trump's plans to shut down USAID
The U.S. Agency for International Development (USAID) has long been a part of U.S. foreign policy, providing humanitarian aid, promoting global health initiatives, and supporting democratic governance in some of the world’s most volatile regions. It administers billions of dollars in aid annually, addressing crises ranging from natural disasters to health pandemics.
Trump and Musk have signalled plans to effectively shut down the agency by stripping away its independence and placing it under State Department control. This would be a massive legal and constitutional breach. Under the Constitution, Congress has “the power of the purse”. It appropriates the money for the activities of the federal government. Presidents cannot just decide to put an indefinite blanket freeze on spending or refuse to spend money on this or that without involving Congress.
Trump has already backed down from one massive legal and constitutional breach. He had purported to stop “Marxist equity, transgenderism, and green new deal social engineering policies” as well as other mythical creatures, but it would have affected everything from education to health care. An uproar ensued, the opposition party finally woke up, and judges began to rule. Trump backed down.
Legal and government experts have raised multiple questions about OPM’s buyout. Some warn that it may violate the Anti-Deficiency Act, a law that prohibits the government from spending more money than Congress has appropriated, and the Administrative Leave Act.
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Trump's executive order to end birthright citizenship
In 2025, President Donald Trump signed an executive order to end birthright citizenship, which was immediately blocked by judges in Maryland, Massachusetts, and Washington state. The Trump administration appealed to the US Supreme Court for relief from three separate injunctions against the order, arguing that the lower courts had gone too far in handing down nationwide injunctions.
The executive order sought to redefine the birthright citizenship clause of the 14th Amendment to the US Constitution. The 14th Amendment recognises the right to automatically grant citizenship to people born in the US, a right recognised by dozens of countries around the world.
Most legal scholars say that President Trump cannot end birthright citizenship with an executive order. Constitutional expert Saikrishna Prakash said that while the president can order employees of federal agencies to interpret citizenship more narrowly, that would trigger legal challenges from anyone whose citizenship is denied.
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Trump's firing of fraud-finding inspectors general
President Donald Trump ended his first week in office by firing inspectors general (IGs) across 17 different federal agencies. The role of these inspectors was to protect taxpayer money and root out corruption, fraud, waste and mismanagement.
Trump's actions have been described as "a purge of independent watchdogs in the middle of the night" by Democratic Sen. Elizabeth Warren of Massachusetts. She added that "President Trump is dismantling checks on his power and paving the way for widespread corruption".
Sen. Amy Klobuchar, D-Minn., also criticised the move, saying that inspectors general are "critical to rooting out waste, fraud, and abuse throughout the federal government".
The mass firings have been called "illegal" and "incredibly concerning" by some members of Congress, who suggest that they violated federal oversight laws.
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Trump's proposals to stop 'Marxist equity, transgenderism, and green new deal social engineering policies'
In 2025, Donald Trump signed a series of executive orders that aligned with the controversial proposals outlined in Project 2025. These orders were aimed at stopping Marxist equity, transgenderism, and green new deal social engineering policies.
Trump's proposals included reinstating members of the military who were discharged for not complying with the COVID-19 vaccine mandate and ending DEI programs in the military. He also signed an order to impose a cap on federal regulations and direct agencies to identify purportedly "unlawful" regulations.
Trump's actions against transgender rights included ordering the government to only recognize Americans' sex at birth, banning federal prisons from classifying inmates based on their gender identity, reinstating his ban on transgender Americans from serving in the military, and restricting gender-affirming care for minors. He also signed an order rescinding federal funding from school programs that allow transgender women to participate in women's sports.
Trump's early actions in office also included halting U.S. aid abroad, fortifying the southern border, and restricting transgender athletes. These moves were seen as going beyond the scope of Project 2025's proposals, with Democrats calling them a set of extremist ideas that would form the basis for Trump's potential second-term agenda if elected.
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OPM's buyout, which may violate the Anti-Deficiency Act
The Office of Personnel Management (OPM) has offered federal employees a "deferred resignation" deal, which has been described as a "buyout". Under the deal, employees who take the offer would be placed on administrative leave.
Three federal unions are asking a federal court to rule that the Trump administration's deferred resignation program is illegal, claiming that it violates the Administrative Procedure Act and the Anti-Deficiency Act. The unions argue that the offer violates the Anti-Deficiency Act, which bars agencies from obligating funds that Congress hasn't yet appropriated. Former federal financial and policy officials agree that OPM's approach raises questions and could be a violation of the Anti-Deficiency Act. One survey respondent wrote: "There is no money for employees' salaries beyond March 14th. Promises of such create an 'unfunded or contingent liability' which is prohibited under the Anti-Deficiency Act."
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Frequently asked questions
Legal and government experts have raised multiple questions about OPM’s buyout, warning that it may violate the Anti-Deficiency Act, a law that prohibits the government from spending more money than Congress has appropriated, and the Administrative Leave Act.
Trump and Musk signalled plans to effectively shut down the U.S. Agency for International Development (USAID) by stripping away its independence and placing it under State Department control.
Trump has flagrantly broken the law or violated the Constitution by issuing an executive order purporting to end birthright citizenship, which a federal judge said was “blatantly unconstitutional”.
Trump fired fraud-finding inspectors general across the government without providing notice or a rationale to Congress.
Trump tried to put an indefinite blanket freeze on spending or refused to spend money on this or that without involving Congress, which is a breach of the Constitution.
